Articles

COA to travel to Terre Haute to hear arguments

The Indiana Court of Appeals will hear arguments in Cynthia Welch v. Shawn Young, et al., at 2:30 p.m. June 23 at Indiana State University’s Tirey Hall, Tilson Auditorium. Judges John G. Baker, Edward W. Najam, Jr., and Melissa S. May will hear the case before a group of teenagers participating in Hoosier Girls State.

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COA vacates conviction on double jeopardy grounds

The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.

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Justices address incompetent defendants in 2 cases

The Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.

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COA reverses worker’s comp board on prescription drug denial

The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.

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COA reverses judgment for apartment manager in negligence case

In ruling on a slip-and-fall case involving injury occurring in an apartment complex parking lot during the winter, the Indiana Court of Appeals noted that there are not any Indiana cases with an identical fact pattern, so they looked to a similar Missouri case for guidance.

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COA rules on public utility issues

The Indiana Court of Appeals affirmed in part and reversed in part the decision by the Indiana Utility Regulatory Commission finding United States Steel Corp. acted as a public utility when it delivered electricity and natural gas to another steel producer in northwestern Indiana.

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Judges rule on legal malpractice action

The Indiana Court of Appeals concluded that a man has standing to pursue his legal malpractice action, although issues of material fact preclude him from summary judgment as to the attorney’s liability for malpractice.

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Prosecutor’s conduct leads to child-molesting conviction reversal

The Indiana Court of Appeals said a Tippecanoe County man has the right to a retrial on a child molestation charge because the prosecutor inappropriately vouched for the victim’s credibility and had offered to show the victim a transcript of past statements without the teenager asking for that recollection.

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Justices rule: No right to resist

The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.

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Touched by controversy

In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.

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COA judge issues 8-page criticism of trial court missteps

The Indiana Court of Appeals has reversed a juvenile court’s order of restitution, stating the court failed to investigate the young man’s ability to pay, and that the damage amount could not be determined to be reasonable. Judge Melissa S. May wrote an eight-page separate opinion stating that the trial court’s many errors hampered the COA’s ability to perform its review of the case.

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